AIR 1936 LAHORE 551

Lahore High Court

Hon'ble Judge(s): Bhide , J

Custom (Punjab) - Marriage - Jats of Garhshankar tahsil - Jats are regarded as Sudras - Among Sudras marriage of father-in-law with his daughter-in-law is valid - 'Factum valet' applicable to marriage - Marriage accepted by brotherhood - Long cohabitation raises strong presumption of marriage amongst Jats - Daughter-in-law comes from different 'got' - No objection to such marriage. There is no direct prohibition in Hindu law as regards a marriage between a father-in-law and a widowed daughter-in-law atleast so far as Sudras are concerned. Jats are classed as Sudras and for the purposes of marriage, they are governed by the restrictions laid down in Hindu law only to such extent as they may have adopted them by usage. There is, therefore, no initial presumption against the validity of such marriage. On the contrary, when a marriage has taken place in fact, there is in law a presumption in favour of legitimacy. The presumption is stronger when it appears that the marriage took place long ago and was accepted as valid by the brotherhood. The same' presumption is raised even in cases of long cohabitation as man and wife amongst Jats. The daughter-in-law comes from a different got and from the standpoint of got pure and simple, there would be no objection to her marriage with her father-in-law. Jats of Garhshankar Tahsil consider that a man has a claim to marry n....